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Search Results for "probate petition"

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High Court

Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

19 Jan 2026

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

Supreme Court

Supreme Court Allows Probate Appeal in Succession Matter: Limitation Not a Bar to Probate Application Under Indian Succession Act, 1925. The right to apply for probate is a continuing right and Article 137 of Limitation Act, 1963 does not bar an application filed within a reasonable time after the testator's death.

1 Jan 2026

The appeal arises from a probate application filed by Bhudeo Prasad Singh for the probate of a Will dated 15th April 1995 executed by Shrilal Singhani...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

High Court

High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed.

2 Jul 2024

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 i...

High Court

Bombay High Court Dismisses Third Party's Impleadment in Probate Petition — Only Beneficiaries Under a Will Can Be Impleaded as Parties to a Probate Petition. The Court held that a third party not a beneficiary under a Will has no locus standi to be impleaded in a probate petition under the Indian Succession Act, 1925.

3 Jul 2014

The petitioner, Mrs. Pravina Vikrant Ghotge, filed a probate petition in the Bombay High Court seeking to implead a third party as a respondent. The b...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

25 Jun 2014

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

16 Jul 2013

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

High Court

Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

4 Jul 2012

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

High Court

Bombay High Court Allows Interim Orders in Testamentary Suit Under Section 268 of Indian Succession Act, 1925. Court holds that Section 141 CPC confers power to protect estate property pending grant of letters of administration.

29 Aug 2006

The Plaintiff, Rupali Mehta, filed Petition No.378 of 2005 seeking letters of administration with the Will annexed in respect of the estate of Captain...

High Court

Bombay High Court Dismisses Application for Impleadment in Probate Suit for Will of Bal Keshav Thackeray — Applicants Lack Caveatable Interest as They Are Not Heirs or Beneficiaries Under the Will. The court held that only persons with a direct legal interest in the succession, such as heirs or beneficiaries, have locus standi to be impleaded in probate proceedings under Section 283 of the Indian Succession Act, 1925.

30 Nov -0001

The case concerns a Notice of Motion filed by five applicants seeking to be impleaded as defendants in a Testamentary Suit for probate of the last wil...

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